Man claims gender dysphoria to quash molestation case, HC dismisses plea

The Delhi high court on Tuesday (December 24) dismissed the plea of a man, seeking quashing of criminal proceedings against him for allegedly molesting a woman colleague, claiming that he never had an inclination towards women and was in the process of transitioning into a female.

Asserting that he has gender dysphoria since childhood and identifying himself as a woman before the court, the accused alleged that the relation between him and the complainant was that of two “sisters,” so he could not have molested her.

Gender dysphoria is a condition of feeling one’s emotional and psychological identity as male or female to be opposite to one’s biological sex. The accused came to court dressed in formal attire worn by women, wearing make-up and feminine hairstyle.

He made the submissions during the hearing of his petition seeking quashing of the molestation case lodged against him at the Connaught Place police station, claiming that the complainant was ready to settle the matter.

The 33-year-old victim, a bed-ridden woman suffering from multiple sclerosis, was brought to the court on a wheelchair and refused to compromise the matter.

Justice Suresh Kumar Kait dismissed the man’s petition after noting that the victim has not agreed to any settlement with him. Advocate Umesh Joshi, appearing for the complainant, said the woman categorically denied her consent to get the FIR quashed and on the last hearing the accused got some other lawyer to appear on behalf of the victim without her knowledge and even forged her signatures.

“I would like to go ahead with the case. There is no compromise,” the victim’s sister told the court on her behalf. According to the FIR lodged in October 2016, both the accused and the woman worked in the same company in Uttar Pradesh’s Noida in 2014, when he allegedly molested her at a party in a Connaught Place pub.

The woman said she made several complaints to the organisation but they failed to take any action and gave an order in favour of the accused.

A trial court, in August, had framed molestation charge against the accused and discharged him of the offences of criminal intimidation and uttering words or making gestures intended to insult the modesty of a woman.

The recent affidavit annexed with the petition mentioned the accused to be a man. The accused, in the petition, claimed that the FIR has arisen out of some confusion and misunderstanding as he had no intention to commit the alleged offence and that the charge of molestation is not made out.

The plea said with the intervention of friends and relatives, the parties have compromised the matter and they have arrived at a settlement.

(With inputs from agencies)